Swatanter Kumar, J. - (1.) ON 27,7.1983 the petitioner who was serving in the territorial army met with an accident and suffered multiple fractures while on military duty. The petitioner suffered disability to the extent of 20% as per the certificate issued by the respondent -authorities, copy thereof is annexed to the writ petition as Annexure P. 1. He retired from the service on 31.3.1987. Petitioner prayed for grant of disability pension which was rejected by the respondents on 26.2.1990 vide Annexure P.3 to the writ petition. The petitioner filed representation against that rejection which was also declined on 28.6.1994 vide Annexure P.4. Thus, the petitioner was compelled to file this writ petition praying that the respondents be directed to grant to the petitioner disability pension on the basis of the disability suffered by him during the course of his duty.
(2.) UPON notice the respondents contested the petition. It was argued on behalf of the respondents that the competent authority, in exercise of its discretion vested in it under Rule 27(C) read with Section 173 of the Pension Regulations for the Army, 1961, and the instructions dated 20.6.1996 had rightly rejected the case of the petitioner for grant of disability pension. In Annexure P.4 it is stated as under : - "The First Appeal Committee found after examining your treatment/service papers that you received the injury on 26,6.1983 when you went your house to get the key of the Almirah on your own scooter. As your case relates prior to the amendment of Rule 12(A), therefore, the first appeal Committee found that the benefit which requires to be given under this rule cannot be given under the unamended rules. When the accident took place, you were not entitled far use of military vehicle and for going home you were using your own vehicle. Thus, the disability occurred during the service is not attributable to military service. It is regretted that it is not possible to accept your appeal." Learned counsel for the petitioner argued that on the date of the accident the petitioner was on duty and was to produce certain documents before the enquiry officer. After reaching the office the petitioner noticed that he had left certain documents and keys at this residence. Thus, after coming to the office, he again left for his place of residence to bring the documents and keys, but unfortunately met with an accident on the way. Apparently the petitioner was neither unauthorisedly absent nor was doing any act which was impermissible under the rules while on duty.
(3.) IT must be noticed at this stage that the respondents themselves had constituted a Court of enquiry. The Court of Enquiry was presided over by Capt, J.S. Kalsy. Copy of the said report has been filed by the petitioner on record as Annexure P.2. The respondents admit the correctness of this report. The findings of the Court have been recorded and in that it has been specifically stated as under : - "1. TA -41188 Major Bachan Singh has gone to collect keys for confidential Almirah from his residence at about 0816 hrs. on 27th Jul 83. 2. TA -41188 Major Bachan Singh met with his scooter accident at about 0835 hrs. on 27 Jul 83 near Central Bus Stand, Ajmer. 3. The officer was evacuated to MI Room, Military Hospital, Ajmer in Auto Rickshaw. 4. The officer sustained severe injuries including fracture on clavicle (Rt.), Fracture upper end of TIBIA (Knees) and fracture 6th and 7th Ribs (Rt) on 27 Jul 83.;